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McLAUGHLIN v. HAGEL

No. 14-1035.

767 F.3d 113 (2014)

Maj. Shannon L. McLAUGHLIN; Casey McLaughlin; Ltc. Victoria A. Hudson; Monika Poxon; Col. Stewart Bornhoft; Stephen McNabb; Lt. Gary C. Ross; Dan Swezy; Cpt. Steve M. Hill; Joshua Snyder; A1C Daniel Henderson; Jerret Henderson; CW2 Charlie Morgan; Karen Morgan; Cpt. Joan Darrah; Jacqueline Kennedy, Plaintiffs, Appellants, v. Chuck HAGEL, in his official capacity as Secretary of Defense; Eric H. Holder, Jr., in his official capacity as Attorney General; Eric K. Shinseki, in his official capacity as Secretary of Veterans Affairs; United States, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 23, 2014.

Attorney(s) appearing for the Case

Christopher D. Man , with whom Abbe David Lowell , and Chadbourne & Parke LLP were on brief, for appellants.

Jeffrey E. Sandberg , Attorney, Appellate Staff, Civil Division, with whom Michael E. Robinson , Attorney, Appellate Staff, Civil Division, Stuart F. Delery , Assistant Attorney General, Carmen M. Ortiz , United States Attorney, and Michael Jay Singer , Attorney, Appellate Staff, Civil Division, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and RIPPLE, Circuit Judges.

LYNCH, Chief Judge.

The plaintiffs ("McLaughlin Group"), who prevailed in a constitutional challenge to Section 3 of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7, appeal from the district court's denial of fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §§ 2412(a)(1) & (d). Whether prevailing parties who successfully challenged Section 3 of DOMA are entitled to fees under EAJA is an issue of first impression in any...

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